CITY OF FLORISSANT COUNCIL MINUTES. January 8, 2018

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1 1 CITY OF FLORISSANT COUNCIL MINUTES January 8, 2018 The Florissant City Council met in regular session at Florissant City Hall, 955 rue St. Francois on Monday, January 8, 2018 at 7:30 p.m. with Council President Pagano presiding. The Chair asked everyone in attendance to stand and join in reciting the Pledge of Allegiance. On Roll Call the following Councilmembers were present: Caputa, Schildroth, Pagano, Parson, Siam, Lee, Jones and Eagan. Also present was City Attorney John Hessel and Acting City Clerk Anita Moore. The Chair announced that Mayor Schneider was unable to attend the meeting because he was ill with the flu. Councilman Henke was excused. A quorum being present the Chair stated that the Council Meeting was in session for the transaction of business. Councilman Lee moved to approve the Executive and Meeting Minutes of December 11, 2017, seconded by Eagan. Motion carried. The Chair stated the next item on the agenda was Hearing from Citizens. John Engelmeyer, 1281 Graham Rd., stated that he would like to sit at the press table, which is closer to the podium, in order for him to speak on several topics. The next item on the Agenda was Communications of which there were none. The next item on the Agenda was Public Hearings. The City Clerk reported that Public Hearing # to be held this night on a Request for a Special Use Permit to allow for a cocktail lounge in an existing HB Historic Business District for the property located at 411 rue St. Francois had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward. Mr. Anthony Bowlsen, owner, presented his business plan for Smoke & Sip, a cocktail lounge in Old Town Florissant. Cigars and cocktails will be available to create a relaxing environment for patrons. They also plan to support community events and fund raisers. He and his partner, Marvin Walden, have made a substantial investment in Florissant and upgrades to the property. They plan on

2 City Council Meeting January 8, 2018 Page being open for business 7 days a week. In regards to their liquor license, they have obtained all the required signatures from the individuals and businesses surrounding their property. They have also secured the necessary cross-access agreements from neighboring property. Dewayne Thompson, architect, displayed the plan updates for the interior of the building. The walk-in cooler will be located on the lower level. They also have outdoor seating for 32 patrons which was currently set up with a mini bar if they chose to use it. In response to Councilman Eagan s question, Mr. Bowlsen responded that they would be limiting the age of patrons to 21 years of age. There will be no food served. They plan on having live music, usually jazz, inside the building, with no plans for outside music at the present time. Councilman Eagan asked Mr. Bowlsen to keep the door shut when they have live music performing, to respect the nearby neighbors to which he agreed. In response to Councilman Parson, the petitioner stated that there would be no smoking inside the building. Mr. Bowlsen had asked St. Louis County about smoking and St. Louis County responded that it was up to the City of Florissant. Florissant has no code or ordinance regarding smoking and referred him back to St. Louis County. Ultimately it is up to the city of Florissant to decide whether to allow smoking or not. They hope to open in May, but they aren t sure. Councilman Jones asked the petitioner to place a trash can at the exit/entrance of the building in order to keep the property from getting littered. Councilman Lee suggested the possibility that if Mr. Bowlsen asked for a rezoning at some time in the future and it was approved, they might be allowed to smoke inside. John Engelmeyer, 1281 Graham Rd., asked if the petitioner would have and vending machines or pool tables in the lounge, to which the petitioner replied no. Being no other citizens who wished to speak, Councilman Lee moved to close P.H. # , seconded by Caputa. Motion carried. The City Clerk reported that Public Hearing # to be held this night on a Request to authorize a Special Permit to Handyman Hardware, Inc. to allow for changes to a ground sign including a digital sign in a B-3 Zoning District for the property located at 500 W. Washington had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward.

3 City Council Meeting January 8, 2018 Page Mr. Dave Otto and Mr. John Hellman, petitioners, stated that Handyman Hardware would like to install a digital sign at the Washington store which would be similar to the sign at their store on N. Hwy. 67. The proposed sign will actually be lower in height than the current sign. This sign will be updated, streamlined and more modern. Being no citizens who wished to speak, Councilman Eagan moved to close P.H. # , seconded by Parson. Motion carried. The City Clerk reported that Public Hearing # to be held this night on a Request to rezone for Dunkin Donuts the property located at 8115 N. Lindbergh from B-3 Extensive Business District to B-5 Planned Commercial District to allow for the development of a sit-down, carry-out restaurant with drive-up service had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward. Mr. Tim Kaufmann, petitioner and owner, stated that he was proposing a free standing Dunkin Donuts with a drive-thru. There are 15 parking spaces proposed and approximately 4 employees will be hired. He added that this proposal was basically the same as the one that he had presented approximately a year ago. Dunkin Donuts had tabled that request because of problems with the franchisee. The lighting proposed is downward facing LED lighting, predominately located on the front of the building and at the parking spaces on the right-hand side of the building. The lighting will be diminished as one proceeds to the rear of the site so as not to affect the homeowners. They will repair and replace the fencing and have increased the landscaping buffer on the west side of the property. Dunkin Donuts will open at 5 a.m. and close at 10 pm; they will not be open 24 hours. They will turn the outside speaker system away from the residences and move it more towards the tire store. The speaker volume will be reduced at night. The building is constructed with full cement masonry except for a small section over the drive through to reflect the Donkin Donuts coloring. Mr. Kaufmann will check and report back to the Council on the longevity of the siding to be used. The entire existing building will be torn down. In response to Councilman Jones, the petitioner stated that he had contacted the abutting homeowners when he first put the proposal through, about a year ago. He asked that Dunkin Donuts put a trash can at the entrance/exit of the restaurant. In regards to site remediation, there is no contamination and the tanks have been removed. In the rear of the

4 City Council Meeting January 8, 2018 Page building there is an oil tank that was used for oil changes which is still under ground. They will be removing it and treating the soil around the tank. Gene Reay, Southwell, expressed his concerns regarding the change to Ord He was under the assumption that at least 1 acre of land was needed to change zoning of a property to a B- 5 and this site was far from an acre. He stated that the residents entered into a covenant when the subdivision was built and Dunkin Donuts would violate that covenant. He also expressed concern regarding water runoff, the close proximity of the drive-thru to the residences, trash dumpster, parking, lighting and noise. He agreed that the existing building needed to come down, but he felt that it should not be rezoned to allow for a Dunkin Donuts. He felt that the property was not big enough for the proposal presented. John Engelmeyer, 1281 Graham Rd, stated his concern regarding parking, traffic flow and the need for additional handicapped parking spaces. Mr. Kaufmann responded that his engineer had met with the Metropolitan Sewer District, MSD. An installed inlet will bring the water run-off forward to the front of the site and off of the back residential properties. MSD has indicated that this is what they would prefer. The trash enclosure will match the vinyl fencing and will include solid, latched gate doors. In regards to traffic off of Lindbergh, the petitioner stated that it will be a right-in, right out turn only. The median will be extended to prevent left hand turns. Bollards will also be installed to prevent crashes into the fencing. John Hessel, City Attorney, explained that restrictive covenants are almost always private property agreements that occur in a subdivision where deed restrictions are placed upon the properties. Cities do not enforce private property covenants and he is unaware of the City of Florissant having placed any on private property. Mr. Hessel added that the B-5 Ordinance has never had any size requirements or restrictions. He asked the petitioner to provide the City Clerk with a copy of the title reports to which Mr. Kaufmann responded that he would. Councilman Parson asked if Mr. Kaufmann was aware of any covenants on the property when he purchased it. Mr. Kaufmann responded that he did a complete title search on the property and there were no covenants or deed restrictions. Councilman Parson expressed concern about the noise from trash truck affecting the residents. Mr. Kaufmann stated that he planned to restrict trash truck pick up

5 City Council Meeting January 8, 2018 Page to daylight hours, between 7 7. Also, he will have his civil engineer calculate the distance from the trash dumpster to Mr. Reay s property. He will then forward those calculations to the city clerk s office. He will check with his engineer to determine if there could be another possible location for the dumpster. Mr. Lum, Building Commissioner, stated that in reviewing the B-5 Ordinance, he found nothing indicating that acreage or square footage applied. He is unaware of any covenants. Councilman Jones stated that he would not be supporting this bill because of the proximity of the trash enclosure to the residential property. Mr. Reay read sections of and presented a copy of the subdivision covenant to Mr. Hessel. Mr. Hessel reiterated that this was a typical, private property subdivision covenant. It was not in any way affiliated with the City. Being no one who wished to speak, Councilman Eagan moved to close P.H. # , seconded by Jones. Motion carried. The City Clerk reported that Public Hearing # to be held this night on a Request to approve a final subdivision plat for New Halls Ferry Rd. in an existing B-5 Planned Commercial District had been advertised in substantially the same form as appears in the foregoing publication and by posting the property. The Chair declared the Public Hearing to be open and invited those who wished to be heard to come forward. Ms. Lauren Doll, petitioner with Cochran Engineering, stated that they would like to subdivide a five acre tract of land into three separate pieces of property. Lot 2 is proposed to be a Dollar General, Lot 1 will be an Imo s Pizza and Lot 3 is to be determined. Being no citizens who wished to speak, Councilman Caputa moved to close P.H. # , seconded by Siam. Motion carried. At the request of the petitioner, Councilman Schildroth moved to postpone Bill No An Ordinance authorizing an amendment to B-5 Ord. No to allow for an addition of the Siteman Cancer Center and parking in an existing B-5 Zoning District located at 1225 Graham Rd. be postponed to 2/12/2018, seconded by Parson. Motion carried. The next item on the Agenda was Board Appointments of which there were none.

6 City Council Meeting January 8, 2018 Page Councilman Lee moved to approve the request for a Full Liquor by the Drink license for Smoke & Sip located at 411 rue St. Francois, seconded by Eagan. Motion carried. On roll call the Council voted: Caputa yes, Schildroth yes, Henke absent, Pagano yes, Parson yes, Siam yes, Lee yes, Jones yes and Eagan yes. The license was approved. Councilman Siam moved to approve the request for a Beer & Wine by the Drink liquor license for Galaxy Nail Bar located at 2092 N. Hwy. 67, seconded by Schildroth. Motion carried. On roll call the Council voted: Caputa no, Schildroth yes, Henke absent, Pagano yes, Parson yes, Siam yes, Lee yes, Jones no and Eagan yes. The license was approved. Councilwoman Pagano introduced Bill No An Ordinance authorizing a Special Use Permit to allow for a cocktail lounge in an existing HB Historic Business District for the property located at 411 rue St. Francois and said Bill was read for the first time. Councilman Lee moved that Bill No be read for a second time, seconded by Pagano. Motion carried and Bill No was read for a second time. Councilman Lee moved that Bill No be read for a third time, seconded by Pagano. On roll call the Council voted: Caputa yes, Schildroth yes, Henke absent, Pagano yes, Parson yes, Siam yes, Lee yes, Jones yes and Eagan yes. Having received the unanimous vote of all members present Bill No was read for the third and final time and placed upon its passage. Before the final vote all interested persons were given an opportunity to be heard. Kevin O Donnell, 512 Rancho Lane, stated that last year the Council had announced that they would rarely support three readings of a bill in one night and then, only in extenuating circumstances. Councilman Lee called for Point of Order and informed Mr. O Donnell that three readings of the bill had already occurred and the Council was ready to vote. He asked Mr. O Donnell if he had any specific comments regarding the plan put forth by the petitioner. Being no other persons who wished to be heard, on roll call the Council voted: Caputa yes, Schildroth yes, Henke absent, Pagano yes, Parson yes, Siam yes, Lee yes, Jones yes and Eagan yes. Whereupon the Chair declared Bill No to have passed and said Bill became Ordinance No Councilwoman Pagano introduced Bill No An Ordinance authorizing a Special Permit to Handyman Hardware, Inc. to change the existing ground sign, including a digital sign, in a B-3 Zoning District for the property located at 500 W Washington and said Bill was read for the first time by title only.

7 City Council Meeting January 8, 2018 Page Councilwoman Pagano introduced Bill No An Ordinance rezoning for Dunkin Donuts the property located at 8115 N Lindbergh from a B-3 Extensive Commercial District to B-5 Planned Commercial District to allow for the development of a sit-down, carry-out restaurant with drive-up service and said Bill was read for the first time by title only. Councilwoman Pagano introduced Bill No An Ordinance to approve a final subdivision plat for New Halls Ferry Rd. in an existing B-5 Planned Commercial District and said Bill was read for the first time by title only. Councilwoman Pagano introduced Bill No An Ordinance releasing and vacating a portion of Washington Street and said Bill was read for the first time. Councilman Lee moved that Bill No be read for a second time, seconded by Jones. Motion carried and Bill No was read for a second time. Councilman Lee moved that Bill No be read for a third time, seconded by Caputa. On roll call the Council voted: Caputa yes, Schildroth yes, Henke absent, Pagano yes, Parson yes, Siam yes, Lee yes, Jones yes and Eagan yes. Having received the unanimous vote of all members present Bill No was read for the third and final time and placed upon its passage. Being no persons who wished to be heard, on roll call the Council voted: Caputa yes, Schildroth yes, Henke absent, Pagano yes, Parson yes, Siam yes, Lee yes, Jones yes and Eagan yes. Whereupon the Chair declared Bill No to have passed and said Bill became Ordinance No The next item on the Agenda was Council Announcements. Councilman Lee announced that long time Florissant resident, Roseanne Beers, recently passed away. Both Ms. Beers and her husband have been very active in the community. Councilman Jones encouraged everyone to donate and volunteer for TEAM. He also stated that the City is aware of the many water main breaks due to the weather and has contacted Missouri American Water regarding the problems. Councilman Parson continued to encourage residents to participate in Florissant Five by making the effort to get to know at least 5 of their neighbors in an effort to reduce crime, Councilman Caputa reminded residents to keep their firearms secured and not to leave them in their vehicles. He also encouraged residents not to leave their cars running in order to reduce car theft. He asked citizens to call the police/councilperson if there is a water main break in their neighborhood. Councilman Schildroth offered his condolences to the family of Kay Spring, long time Florissant employee and historic activist for many years.

8 City Council Meeting January 8, 2018 Page Councilwoman Pagano encouraged residents check on their neighbors and family during this flu season. More flu cases are being experienced this year. The Council President announced that the next regular City Council Meeting was scheduled for Monday, January 22, 2018 at 7:30 pm. Councilman Schildroth moved to adjourn the meeting, seconded by Siam. Motion carried. The meeting was adjourned at 9:08 p.m. Anita Moore, Deputy City Clerk The following Bills were signed by the Mayor: Bill No Ord Bill No Ord. 8380